Netook Business Park Water and Wastewater Bylaw 10/25

Mountain View County, Alberta

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MOUNTAIN VIEW COUNTY BYLAW NO. 10/25 NETOOK BUSINESS PARK WATER AND WASTEWATER Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 2 Mountain View County Province of Alberta Bylaw No. 10/25 A BYLAW OF MOUNTAIN VIEW COUNTY IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF ESTABLISHNG REGULATIONS TO CONTROL WATER AND WASTEWATER IN NETOOK BUSINESS PARK. SECTION 1 - AUTHORITY 1.01 Whereas the Municipal Government Act provides that a Council of a Municipality may pass bylaws for municipal purposes respecting public utilities; and 1.02 Whereas the Municipal Government Act defines a public utility as a system or works used to provide one or more of the following for public consumption, benefit, convenience or use and includes water and wastewater; and 1.03 Whereas Mountain View County owns and controls the water and wastewater infrastructure contained within the Netook Business Park; and 1.04 Whereas the Council of Mountain View County wishes to establish regulations, fees and penalties for the use of the water and wastewater infrastructure contained within the Netook Business Park; 1.05 Now, Therefore, the Council of Mountain View County, Duly Assembled, Enacts as Follows: 1.06 This bylaw may be cited as the "Netook Business Park Water and Wastewater Bylaw" SECTION 2 - DEFINITIONS 2.01 In this Bylaw, unless the context otherwise requires: a. "Authorized Person" means a representative appointed by Mountain View County; b. "Chief Administrative Officer (CAO)" means the administrative head of the municipality as established by the Municipal Government Act; c. "Council" means the Municipal Council of Mountain View County; d. "County" means Mountain View County. e. "Meter" means a County approved water meter, procured by the Owner of the property, used to measure the amount of water used in metric measurement; f. "Netook Business Park" means the lands contained within the area shown on Attached Schedule A; g. "Occupant" means any Person other than the Owner who is in possession of the Property, including, but not limited to, a licensee, tenant or agent of the Owner; Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 3 h. "Once-through Cooling Equipment" means cooling, air conditioning or refrigeration systems in buildings, building systems and equipment (including stand-alone ice machines), which rely upon the temperature of the water supply for cooling purposes and deliver water to a drain or other discharge facility without having recycled that water. i. "Owner" means: i. any Person registered as the Owner of the Property under the Land Titles Act; ii. a Person who is recorded as the Owner of the Property on the Assessment Roll of the County; iii. a Person who has become the beneficial Owner of the Property, including by entering into a Purchase and Sale Agreement, whether they have purchased or otherwise acquired directly from the Owner or from another purchaser, and who has not yet become the registered Owner thereof; iv. a Person holding them self out as the Person exercising the power or authority of Ownership or, who for the time being exercises the powers and authority of Ownership over the property; or v. A Person in control of the property under construction. j. "Peace Officer" means a Community Peace Officer as appointed under the authority of the Alberta Peace Officer Act and employed as such by Mountain View County or the Sheriffs Branch, or a member of the Royal Canadian Mounted Police. k. "Person" means firm, corporation, owner, occupier, lessee or tenant. l. "Violation Ticket" means a summons violation ticket issued under the Provincial Offences Procedures Act. m. "Wastewater Service Line" means that line extending from the main in the street to the property line of the building being serviced. n. "Water Service Line" means that line extending from the main in the street to the property line of the building being serviced. SECTION 3 - WATER SERVICES 3.01 Any Owner who requires water service (commercial) in the Netook Business Park, or intends to undertake construction that may affect the water service, shall make an application to the County on such form as utilized by the County from time to time. A fee as stated in the County's Fee Schedule Bylaw shall be paid to the County to recover the cost of processing and reviewing each application. Failure to make an application to the County prior to usage of water shall constitute a contravention of this bylaw. 3.02 Upon the acceptance of the application for a commercial utility service, an account shall be set up in the name of the Owner of the Property. An Owner may request in writing that the monthly utility billings under the account be submitted directly to the Occupant of the property or someone other than the Owner or a third party, including but not limited to a property manager or both. Such a request does not limit the liability of the Owner to ensure the utility account remains in good standing. 3.03 All water wells within the Netook Business Park shall be installed in accordance with Provincial standards. The County shall add any new wells to the existing Provincial License to Divert Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 4 Water No. 0053454-00-00. No other well except a well as specified in this section may be used in the Netook Business Park. 3.04 All Water Meters, and Water Meter components shall be authorized by the County, but shall remain the responsibility of the Owner to procure, install and maintain. . 3.05 Owners may choose to use a cistern on their property for the purpose of hauling water from sources outside of Netook Business Park. In these instances, a Water Meter shall be installed to effectively monitor the amount of water that will be deposited into the County's Wastewater System which shall be charged in accordance with the County's Fee Schedule Bylaw. Cisterns are prohibited from being connected to the County's Water System in any manner. 3.06 Owners may choose to collect rainwater to be used in their industrial operations. In these instances, the Owner may choose to install a Water Meter to track the amount of water that will be deposited into the County's Wastewater System and subsequently billed on metered quantities or not install a Water Meter and instead be billed at a flat rate as outlined within the County's Fee Schedule Bylaw. These systems are prohibited from being connected to the County's Water System in any manner. 3.07 All Owners, tenants or occupiers shall give access to an authorized County employee to: a. Shut off and seal a water line for nonpayment. b. Read a meter. c. Inspect the Water System and/or any connections to the Water System. 3.08 Should the County believe that a Water Meter is not working properly, the County shall have the authority to remove the Water Meter from service and sent to an independent company for testing. In the interim, the County may choose to either place a temporary water meter or charge for water based on historical water usage. 3.09 Any Water Meter found to be reading with a variation of one and a half percent or less shall be determined to be considered adequate. 3.10 If a Water Meter is found to be inaccurate, the accounts based upon the reading of that Water Meter for the maximum of twelve monthly bills preceding the date of such test shall be corrected in proportion to the error of the meter and the customer shall pay or shall be refunded payment. 3.11 No Person shall interfere with, cut or remove the wire seal on a Water Meter or any components associated with the Water Meter. 3.12 No Person shall disconnect a Water Meter or do anything which may prevent or impede the flow of water through a Water Meter or the recording of the flow of water through the Water Meter, or which may affect the proper operation of the Water Meter. 3.13 To maintain an adequate water supply or to remain compliant with the Provincial License to Divert Water, the Chief Administrative Officer or their designate may impose restrictions on the use of water. 3.14 Except as here-in-after provided, no Persons other than authorized employees of the County shall open, close, operate or interfere with any hydrant to draw water for any purpose including but not limited to watering lawns, personal outdoor rinks, water fill stations, personal pools/hot tubs, fishponds or fountains. Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 5 3.15 Mountain View County Fire Departments, are authorized to use the hydrants for the purpose of extinguishing fires, training, or for fire protection. 3.16 No person shall in any manner obstruct the free access to any hydrant, valve or curb stop. No vehicle, building, rubbish, or any other matter which would cause such obstruction of the street in which the hydrant is located, may be within twenty feet (20') of the hydrant in a direction parallel with the said property line. SECTION 4 - WASTEWATER SERVICES 4.01 The County is the owner of the wastewater main and the Wastewater Service Line. The remainder of the service shall be the Owner's responsibility, including all maintenance and repair costs. a. The County shall not be responsible for any blockages or freezing from the property line to the building with the exception of a collapsed wastewater service within the municipal right of way. b. The responsibility and cost of thawing a frozen service shall be borne by the owner: i. If the owner's wastewater service from the property line to the building or plumbing connected thereto is frozen, as determined by the Chief Administrative Officer; or ii. If the Wastewater Service line is frozen as a result of negligence or tampering by the Owner. 4.02 Any Owner who requires wastewater service in the Netook Business Park, or intends to undertake construction that may affect the wastewater service, shall make an application to the County on such form as utilized by the County from time to time. A fee as stated in the County's Fee Schedule Bylaw shall be paid to the County to recover the cost of processing and reviewing each agreement. Failure to make an application to the County shall constitute a contravention of this bylaw. 4.03 Upon the acceptance of the application for a commercial utility service, an account shall be set up in the name of the Owner of the Property and shall be billed in accordance with the County's Fee Schedule Bylaw. An Owner may request in writing that the monthly utility billings under the account be submitted directly to the Occupant of the property or someone other than the Owner or a third party, including but not limited to a property manager or both. Such a request does not limit the liability of the Owner to ensure the utility account remains in good standing. 4.04 All wastewater users within the Netook Business Park shall be responsible for ensuring the installation conforms to the National Plumbing Code. All pipe used as a sanitary service pipe to a building shall be of approved materials and not less than 100 mm I.D. (4" Inside Diameter). 4.05 Grease traps of sufficient size and approved design shall be placed on the waste pipes from all hotels, restaurants, laundries and such other places as the County may direct. Such traps shall be installed prior to any connection to the County Wastewater System and shall be maintained by the Owner at their expense to prevent discharge of undesirable material into the County Wastewater System. 4.06 The Chief Administrative Officer may, at their discretion, permit for each self-contained building on a lot to be provided with a connection to the County Wastewater System. Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 6 4.07 Except where specifically permitted by this Bylaw, no person shall discharge or cause or permit to be discharged any of the following into any wastewater system: a. Any liquid or vapour having a temperature of higher than 75 degrees Celsius of a volume sufficient to cause damage to the sewer service main. b. Any gasoline, solvents or similar spontaneous combustion material; c. Any insensitive explosive substance that is capable of producing a mass explosion; d. Any tar or other viscous material of mineral origin; e. Any garbage that has not been shredded so as to pass through a 6mm screen; f. Any ashes, cinders, wood, wood-shavings, sawdust, rags, sand, mud, straw, metal, glass, fiberglass, plastics, eggshells, feathers and improperly shredded paper or other solids, g. Any water or wastes which contain material that will solidify or become viscous at temperatures between 5 degrees Celsius and 80 degrees Celsius; h. Animal parts or wastes including, but not limited to: 1. Any manure or intestinal contents from horses, cattle, sheep, swine or poultry 2. Hooves or toenails 3. Intestines or stomach casings or animal body parts 4. Bones 5. Bristles of hair 6. Hides or parts thereof 7. Fat or flesh in particles larger than that which will pass through a 6mm screen 8. Fleshing's and hair resulting from tanning operations. i. Pollutants prohibited from being discharged under Federal or Provincial legislation. j. Contents of any privy, vault, manure pit or cesspool k. Stormwater, roof drainage, water from weeping tiles, sump pumps or cisterns, tank overflow or once-through cooling equipment wastewater; l. Waste or discharge resulting from any trade, industrial or manufacturing process; m. Any substance which, in the opinion of the CAO, is or may become harmful to any recipient water course or sewer system or part thereof, may interfere with the proper operation of the sewer system, may impede or interfere with any treatment process, or may become a hazard to persons, property or animals. 4.08 DRAINAGE OF WEEPING TILE a. Foundation weeping tiles installed after the effective date of this Bylaw shall not be drained into any wastewater service but shall be drained into storm sewer mains where the facility exists and the connection feasible. b. No roof drains shall be connected to weeping tiles. c. Sump pumps installed after the effective date of this bylaw shall not be drained into any wastewater service but shall be drained overland or into the storm sewer mains where the facility exists. 4.09 No person shall turn, lift, remove, raise or tamper with the cover of any manhole, ventilator or other appurtenance of the County Wastewater System, except duly authorized employees of the County. 4.10 No person shall enclose the wastewater drains and clean-outs in partitions, walls or otherwise restrict access to them. Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 7 4.11 No person shall cut, break, pierce, or tap into the County Wastewater System or appurtenance thereof, or introduce any pipe, tube, trough, or conduit into the County Wastewater System, except duly authorized employees of the County. 4.12 No person shall interfere with the free discharge of the County Wastewater System, or part thereof, or do any act or thing which may impede or obstruct the flow or clog up the County Wastewater System or appurtenance thereof. 4.13 An authorized County employee shall have the right at all reasonable times to enter businesses or other places which have been connected with County Wastewater System, and access to facilities must be given to ascertain whether or not any improper material or liquid is being discharged into the Wastewater System, and shall be authorized to stop or prevent from discharging into the Wastewater system any private Wastewater or drain through which substance are discharged which are liable to injure the Wastewater or obstruct the flow of sewage. SECTION 5 - WASTEWATER CONNECTION REPAIRS 5.01 The Person occupying any premises connected to a street main by a Wastewater Service Line, shall be required to keep the said Wastewater Service Line in operating condition at all times and shall be fully responsible for the operation of the said Wastewater Service Line. 5.02 Should any person claim that any Wastewater Service Line is plugging or is plugged because it is not laid according to good practice the said Person shall deposit with the County the sum as specified in the County's Fee Schedule Bylaw. The Chief Administrative Officer or their designate will then be authorized to open the said Wastewater Service Line by any method they consider necessary. 5.03 Should the said Wastewater Service Line be found properly laid according to good work practices, the said Person shall forfeit the said deposit and shall be liable to pay all costs incurred by the County in opening the said Wastewater Service Line. 5.04 The responsibility and cost of unplugging, thawing, or repairing a service shall be borne by the Owner: a. If the cause of the plugged, frozen or broken service is located on the Owner's side of the property line; or b. If the Wastewater Service Line is plugged, frozen or broken as a result of negligence or tampering by the Owner. 5.05 When, for any reason, a temporary connection is required, the Owner shall pay in advance the whole cost of its construction, together with that cost of removing it when no longer needed. 5.06 An individual that wishes to abandon a Wastewater service shall do so at their own cost after receiving approval for the method and process of abandonment from the Chief Administrative Officer. SECTION 6 - STORM SEWER 6.01 No person shall, without the County's written consent, release matter of any kind listed below into or in land drainage works, private bench drains, or connections to any Storm Sewer System: a. Matter which because of its type, temperature, quantity or quality may: i. Interfere with the proper operation of the Storm Sewer System; Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 8 ii. Result in a hazard to any person, animal, property or vegetation; iii. Impair the quality of the water in any well, lake, river, pond, stream, reservoir or other water or water course; or iv. Result in the contravention of any Federal, Provincial, or Municipal legislation including any approval, requirement, direction or other order issued by Alberta Environment or other enforcing agency with respect to the Storm Sewer System or its discharge; b. Matter containing more than fifty (50) milligrams per litre of suspended solids; c. Matter containing dyes or colouring material or which upon reaction with other matter will discolour the water in the Storm Sewer System; d. Matter containing solvent, extractable matter of vegetable origin or mineral or synthetic origin which causes a visible film, sheen or discoloration on the water surface; e. Any matter which by itself of in combination with other substances is capable of causing or contributing to any explosion or supporting combustion; f. Matter that is sewage. 6.02 Any person who releases, causes or permits the release into any Storm Sewer System any matter contrary to Section 6.01 shall: a. Notify the County immediately upon becoming aware of the release; b. Provide the County with information respecting the release, to the satisfaction of the County; c. Be liable for all costs incurred by the County respecting the release for containment, sampling, testing, removal, clean-up, disposal and any other related activity. SECTION 7 - GENERAL 7.01 MONTHLY BILLING A utility bill showing actual or estimated amounts for all service charges to the user shall be prepared and mailed monthly. The Wastewater service charges and any other charges authorized by a bylaw of the County may be combined on a single user bill, but each charge shall be shown separately. 7.02 A customer may make application to the County to have bills paid by pre-authorized debit. Payments being rejected by the bank are considered NSF and are subject to the same penalties as NSF cheques in the County Fee Schedule bylaw. 7.03 Non-receipt of a utility bill will not exempt the owner or occupant from payment for the service received. 7.04 The calculation of the Wastewater utility billing is based on the consumption of water. The quantity used shall be determined from the present and previous Water Meter readings as recorded by the County, or if an actual reading is not available, by an estimated consumption based on the consumption history of the service. Wastewater consumption shall be charged in accordance with the County's Fee Schedule Bylaw. Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 9 7.05 No reduction in rate or charges shall be made for any interruption in water or sewer services during a billing period. 7.06 The Chief Administrative Officer or their designate may revoke or cancel any permit that may have been granted to connect with the County Water or Wastewater System if it is found that any of the work is not being done in accordance with the provisions of this Bylaw, and the person or persons making such connections or their successors in interest, shall have no right to demand or claim any damages in consequence of such permits being revoked or canceled. SECTION 8 - PENALTIES 8.01 To any combined Water and Wastewater account which remains unpaid at the end of the month for which the account was rendered shall be added by way of penalty, an amount as specified in the County's Fee Schedule Bylaw, the combined balance and that similar accumulated penalty shall be added for each month the account remains unpaid. 8.02 Should any combined Water and Wastewater account or portion thereof remain unpaid for more than ninety (90) days following the due date, the services may be disconnected. 8.03 Where it has become necessary to discontinue service for non-payment of an account, reconnection will not be made until all arrears and penalties have been paid in full and the reconnection charge as specified in the County's Fee Schedule Bylaw has been paid in advance. The account will only be opened in the name of the Owner, even if the account that was disconnected was in the name of an Occupant. 8.04 In the case of default of payment for utility services, the County may enforce payment by commencing an action in a court of competent jurisdiction. 8.05 In the case of default payment for utility services for an account in the name of an Owner, the County may enforce payment of the utility account pursuant to the provisions of the Municipal Government Act, R.S.A. 2000, c M-26, as amended or repealed and replaced from time to time, including but not limited to, adding the costs to the tax roll for the property for which the utility account relates. 8.06 Any person who violates a provision of this Bylaw is guilty of an offense and liable upon summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00) and not less than Three Hundred Dollars ($300.00) exclusive of costs, and in each and every case in default of payment said person shall be liable to imprisonment for a term not exceeding six (6) months. Specified penalties payable in respect of a contravention of a provision of this Bylaw is the amount shown in Schedule "B" of this Bylaw in respect of that provision. 8.07 Where any person contravenes the same section of this Bylaw twice within one Twelve (12) month period, the specified penalty payable in respect of the second contravention shall double in the amount as shown in accordance with Schedule "B". SECTION 9 - ENFORCEMENT 9.01 Where a Peace Officer has reasonable and probable grounds to believe that a person has violated any provision of this Bylaw, the Peace Officer may commence proceedings against such person by: a. Issuing the person a violation ticket pursuant to the provisions of the Provincial Offences Procedure Act; or Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 10 b. Swearing out an information and complaint against the person. 9.02 Where a Peace Officer issues a person a violation ticket, the Peace Officer may either: a. Allow the person to pay the penalty established in this Bylaw for the offence by including such penalty in the violation ticket; or b. Require a court appearance of the person where the Peace Officer believes that such appearance is in the public interest, pursuant to the provisions of the Provincial Offenses Procedure Act. 9.03 No provision of this Bylaw, nor any action taken pursuant to any of its provisions, shall in any way restrict, limit, or preclude Mountain View County from pursuing any other remedy in relation to an offence that may be provided by the Municipal Government act or any other law of the Province of Alberta. SECTION 10 - GENERAL 10.01 Each section of this Bylaw shall be read and construed as being separate and severable from each other section. Furthermore, should any section or part of this Bylaw be found to have been improperly enacted, for any reason, then such section or part shall be regarded as being severable from the rest of this Bylaw and the Bylaw remaining after such severance shall be effective and enforceable. SECTION 11 - REPEAL OF BYLAW 11.01 Bylaw No. 22/18 is hereby repealed. SECTION 12 - EFFECTIVE DATE 12.01 This Bylaw shall come into effect at such time as it has received third (3rd) reading and has been signed in accordance with the Municipal Government Act. Read the first time this 9th day of July 2025, Read the second time this 27th day of August 2025, Read the third time this 10th day of September, 2025. Reeve Chief Administrative Officer September 17, 2025 Date of Signing Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 11 Schedule A Netook Business Park Map Bylaw No. 10/25 Netook Business Park Water And Wastewater Page 12 Schedule B Specified Penalties Section Offence Penalty 3.01 Failure to make application for Water Service $300.00 3.04 Use of Unauthorized Water Meter $300.00 3.11 Tamper with Water Meter $500.00 3.12 Disconnect Water Meter $500.00 3.03 Use of Unauthorized Water Source $500.00 3.15 Unauthorized use or Interference with a Hydrant $300.00 3.16 Obstruct a Hydrant $300.00 4.07 Disposal of unauthorized substances into Waste Water System $1000.00 4.09 Tamper with Manhole $500.00 4.09/4.10/4.11/4.12 Tamper with Waste Water System $500.00 4.13 Obstruct Inspection by an Authorized Employee $500.00 Section 6 Unauthorized use of Storm Sewer $500.00